[Download] "Minnesota L. & T. Co. v. Busby Et Al." by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: Minnesota L. & T. Co. v. Busby Et Al.
- Author : Supreme Court of Montana
- Release Date : January 19, 1929
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Schools and School Districts — Personal Injuries Suffered by Spectator in School Gymnasium at Basket Ball Game — Defendants acting in Governmental Capacity — Non-liability of Defendants in Tort Action — Pleading — Complaint — Demurrer — Admissions. Pleading — Complaint — Well pleaded Allegations admitted by Defendants Demurrer. 1. Well pleaded allegations of the complaint stand admitted by defendants demurrer thereto. Schools and School Districts — Personal Injury suffered by Spectator at Basket Ball Game in School Gymnasium — District and Trustees Acting in Governmental Capacity — Non-liability of Defendants. 2. Held, under the ruling in Perkins v. Trask, 95 Mont. 1, 23 P.2d 982, that neither a school district nor its board of trustees is liable in damages for injuries sustained by one attending a basket ball game held in a school gymnasium, who in endeavoring to gain access to a gallery provided for spectators used a stairway one of the steps of which gave way causing the injuries complained of, since defendants were acting in a governmental and not in a proprietary capacity, the game being played having been merely a part of the physical education of the school; and that therefore the trial court properly sustained a general demurrer to the complaint and dismissed the action. Same — Fact that Plaintiff paid Admission Fee Immaterial — Reason for Rule. 3. The fact that defendant school district charged an admission fee to the game at which plaintiff was injured did not remove the activity from the field of governmental functions, it making little, if any, difference whether such admission fee went into the school fund or whether the expense of the game was paid from general taxation; in either event a basket ball game advances the purpose of physical education — a governmental function of the school district and its trustees.